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Law and Order
June 9, 2017
I have no knowledge of the rumored wrongdoing associated with the athletic department at Baylor University except what I’ve read in leaks and news reports for well over a year. One thing I’ve noticed is the different approach the NCAA is taking now compared to its high-profile involvement when the scandalous wrongdoing at Penn State began to surface just a few years ago.
In both situations, we are not talking about violations of rules directly related to the conduct of an intercollegiate athletic program. Apparently in both cases, there are crimes involved, for which society has a system to adjudicate guilt and, if found, to assess penalties.
In the earlier case, the NCAA jumped ahead of the judicial system to find guilt, and it vaulted over its own Handbook to fix penalties. Some of those penalties have since been modified or vacated. They were based on public opinion more than the published policies and procedures for governing NCAA operations.
Perhaps the NCAA’s lower profile now indicates it has learned from its earlier overreach that, however heinous the behavior, some things are beyond the authority and regulatory responsibility of a voluntary, nonprofit athletic association – no matter how powerful it may seem.
While I’m not aware of anything remotely resembling these situations in Michigan high schools, it is not infrequent that the Michigan High School Athletic Association is asked by a well-intentioned person to terminate the athletic eligibility of a student who has broken a public law but not a published rule of his or her local school or the MHSAA. We can’t.
The MHSAA does not have rules that duplicate society’s laws or seek to exceed them. Even with a budget 1,000 times that of the MHSAA, the NCAA has discovered it doesn’t have policies and procedures to do so consistently or well.
We already know that the MHSAA must allow local schools, law enforcement agencies and courts to deal with transgressions away from school sports. Our job is to stay focused on sports and a sub-set of issues that address participant eligibility and safety as well as competitive equity between contestants.
The MHSAA is an organization that cares about young people but recognizes its limitations, both legal and practical. The MHSAA has neither the legal authority nor the resources to be involved in regulating young people and coaches for all things, at all times and in all places. In the area of sports, and especially within the limits of the season and the boundaries of the field of play, the MHSAA does have a role, and it’s to help provide an environment that is sportsmanlike, healthy and consistent with the educational mission of schools.
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Representative Voices
April 4, 2017
The Michigan High School Athletic Association is governed by a Representative Council of 18 members and a designee of the State Superintendent of Public Instruction. It is important that this representative body actually be representative of the group it serves.
Of the 18 regular members of the Representative Council,
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16 have served as high school athletic directors, with an average tenure of 16.5 years. Eight have also served as junior high/middle school athletic directors, with an average tenure of 11.7 years.
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11 have served as high school assistant principals, averaging 6.2 years.
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5 have served as high school principals, averaging 6.4 years.
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3 have served as junior high/middle school principals, averaging 11.7 years.
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3 have served as superintendents or assistant superintendents, averaging 4.7 years.
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17 of the 18 have served as high school coaches, with an average tenure of 6.9 years. Seven have also served as middle school coaches, with an average tenure of 7.6 years.
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11 have been MHSAA registered officials. The average tenure has been 13.1 years, in an average of 2.1 sports.
To assure representation of both large and small schools in all parts of the state, the MHSAA Constitution requires that four Council members be elected from the Class A and B schools in four different geographic regions, and four be elected from Class C and D schools from those four geographic sections.
Five other Council members are elected by statewide votes, with two of those specifically designated persons serving junior high/middle schools, and one representing private and parochial schools. The public schools within the city of Detroit also have a representative.
To assure representation from females and minorities that might not occur through the election process, the MHSAA Constitution requires that the Council examine its makeup after each election and appoint up to a maximum of four persons at any one time to help address those deficiencies. The Council sometimes uses this appointment process to bring better representation to a part of the state that is underrepresented through the election process.
It goes almost without saying that nearly all of the Council members participated in competitive school sports and are the parents of participants in interscholastic athletics.
All in all, it’s a team with breadth and depth that touches most of the constituent bases of high school sports in Michigan.